GHAGHAL RANCHHODBHAI AMARABHAI Vs. BHANJIBHAI DEVSHIBHAI LUHAR

JUDGEMENT

(1.) SO far as Civil Application No. 4700 of 2012 is concerned, Rule. Mr. Mehul S. Shah waives service of notice of rule on behalf of respondent No. 1.

(2.) LEARNED senior advocate for the applicant -third party has submitted that the applicant -third party had purchased the land in question on 7.7.2010 from one Hajabhai Kalabhai Bharwad who had purchased the said land on 5.7.2010 from the sole heir Varsangbhai Jalabhai Koli of deceased respondent No. 5 - original respondent No. 4 i.e. Mongiben D/o. Motibhai Koli and W/o. Jalabhai Kalabhai and both the said transfers took place after the learned Single Judge dismissed Special Civil Application No. 11825 of 2009 on 17.11.2009 and when there was no stay order of any competent court/authority. The entries related to both transfers were mutated in Form No. 6 - Record of Right about ownership on 16.7.2010 and the same were certified on 25.8.2010 respectively vide entry Nos. 581 and 582.

(3.) WE have considered rival submissions made by learned senior advocate for the applicant -third party and learned advocate for respondent No. 1 - original appellant. We have also perused the submissions made by the applicant -third party in paragraph 4 referred hereinabove.